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| Labor locked in talks on their position on medical evacuation bill – politics live | |
| (35 minutes later) | |
| Just a reminder that Labor’s position there is not yet set – it still has to be signed off on by caucus, which won’t meet until 6pm. | |
| Labor has been locked in talks all day to reach a position on this impasse. The talks are ongoing. At the moment three principles have been resolved. | |
| The first is broadening the scope of ministerial discretion to ensure that people who have committed serious crimes can be rejected if they are recommended for medical transfer. | |
| The second is relaxing the timeframes specified in the current bill. Some timeframes for decision making are within 24 hours. | |
| The third is ensuring these arrangements only apply to the current cohort, not to any new boat arrivals. | |
| As I said, meetings are ongoing, and it’s unclear whether key crossbenchers would cop any or all of this, assuming the caucus does. | |
| Applications for citizenship “have not been processed efficiently by the Department of Home Affairs”, according to a scathing auditor general report, released on Monday. | |
| The report found the department is missing its old target of making 80% of decisions within 80 days, with just 15% meeting that deadline in 2017-18. Instead, the department has abolished the target and not announced a replacement. | |
| The auditor general noted there was “a long delay before substantive processing of the applications received from 20 April 2017” when the government announced reforms to tighten the rules for gaining Australian citizenship and this “negatively impacted processing times”. | |
| Those reforms were blocked by the Senate. | |
| Over the past four years applications lodged increased by 25% to 240,000, decisions decreased by 47% to 100,000 and cases awaiting decisions soared by 771% to 245,000. | |
| Home affairs also failed to check the quality of the decisions taken to approve or refuse Australian citizenship in 2017–18, despite committing to check 2% of decisions. | |
| The department responded rejecting the claim applications were not processed efficiently and refusing to prioritise speed over “national security and community safety”. | |
| The auditor general responded that time blowouts were in fact caused by “long delays ... evident between applications being lodged and decisions being taken on whether or not to confer citizenship, along with significant periods of inactivity”. | |
| The department rejected the auditor general’s recommendation that it publish statistics on the time taken to decide citizenship applications, warning this would “not be meaningful” because individual cases vary. | |
| For those wondering, beyond Labor supporting the amended medical evacuation bill in the Senate, this is what the party decided on at the conference late last year: | For those wondering, beyond Labor supporting the amended medical evacuation bill in the Senate, this is what the party decided on at the conference late last year: |
| 339. Labor recognises that successive Coalition Governments have failed to negotiate viable and timely regional resettlement arrangements, which has left refugees and asylum seekers including children languishing in indefinite detention. | 339. Labor recognises that successive Coalition Governments have failed to negotiate viable and timely regional resettlement arrangements, which has left refugees and asylum seekers including children languishing in indefinite detention. |
| Labor believes that whilst these arrangements are negotiated, the Australian Government is not absolved of its obligation to provide appropriate health, security, and welfare services to asylum seekers. | Labor believes that whilst these arrangements are negotiated, the Australian Government is not absolved of its obligation to provide appropriate health, security, and welfare services to asylum seekers. |
| Labor will: | Labor will: |
| Work to negotiate on, and agree to, regional resettlement arrangements and resettle eligible refugees as a priority; | Work to negotiate on, and agree to, regional resettlement arrangements and resettle eligible refugees as a priority; |
| Continue to support the United States Refugee Resettlement Agreement and accept New Zealand’s generous offer to resettle refugees by negotiating an agreement on similar terms as the United States Agreement; | Continue to support the United States Refugee Resettlement Agreement and accept New Zealand’s generous offer to resettle refugees by negotiating an agreement on similar terms as the United States Agreement; |
| and | and |
| Ensure appropriate health, security, and welfare services for asylum seekers; | Ensure appropriate health, security, and welfare services for asylum seekers; |
| and | and |
| Improve the medical transfer process, establish an Independent Health Advice Panel to provide medical advice and maintain ministerial discretion in all decision making | Improve the medical transfer process, establish an Independent Health Advice Panel to provide medical advice and maintain ministerial discretion in all decision making |
| Earlier today I stepped you through what the medical transfers legislation says rather than relying on the high velocity political bollocks of the past week or so. Now, here is my account of a brief from the home affairs department that was leaked selectively to some news outlets last week. That leak is now the subject of a police investigation. | |
| The government has now released a redacted version of the home affairs brief. The first thing to note is it is not a classified brief (as at least one outlet suggested). It’s status is “protected, sensitive, legal”. | |
| News reports of this brief suggested that security agencies had warned the floodgates would be opened on border protection if the parliament ultimately passes the medical transfer legislation. Well, sort of. There are a lot of contentions in the advice, and some of them are hedged. | News reports of this brief suggested that security agencies had warned the floodgates would be opened on border protection if the parliament ultimately passes the medical transfer legislation. Well, sort of. There are a lot of contentions in the advice, and some of them are hedged. |
| Officials argue the current ministerial discretion in the bill to reject people cleared for medical transfer on security grounds isn’t wide enough. | Officials argue the current ministerial discretion in the bill to reject people cleared for medical transfer on security grounds isn’t wide enough. |
| Consistent with the culture of the home affairs department, the briefers also clearly object to doctors being decision-makers. The officials say a lot of doctors don’t like offshore detention, ipso facto: “Many doctors in Australia and their professional associations have called for an end to regional processing and it is expected that their recommendations under these amendments would be forthcoming in a short period.” | |
| “It is expected that within four weeks of Royal Assent, should the bill pass the House of Representatives, that most of the 1,000 individuals would be in contact with ‘treating doctors’ willing to recommend their transfer to Australia for at least medical assessment if not treatment. The fact that treatment is available in PNG, Taiwan or Nauru would not restrict the recommendations by treating doctors to transfer. The individual would not be required to accept treatment in their regional processing country or another location that is not Australia”. | |
| “Some doctors have publically [sic] asserted that all transferees should be removed from Nauru and PNG for mental health reasons. Provided those doctors are appropriately registered or licensed and have ‘assessed’ transferees either remotely or in person, it will be open to him or her to form the opinion that any or all of the transferees are ‘relevant transitory persons’ and give the secretary notice of this, triggering the provisions in the amendments.” | |
| A contention, unless I’m not mistaken. Doctors. Gotta watch them. Always up to something. | A contention, unless I’m not mistaken. Doctors. Gotta watch them. Always up to something. |
| Moving on, the briefers note something the government hasn’t exactly highlighted. “On transfer to Australia, the individuals would be detained under the Migration Act 1958 (Migration Act) and placed in held detention or in community detention by way of a residence determination”. | Moving on, the briefers note something the government hasn’t exactly highlighted. “On transfer to Australia, the individuals would be detained under the Migration Act 1958 (Migration Act) and placed in held detention or in community detention by way of a residence determination”. |
| So this isn’t quite “two doctors say you can come to Australia, and freedom beckons”, as a number of government frontbenchers have suggested during the past few hyperbolic days. It’s come to Australia (maybe, if you meet the criteria) and get detained again. | So this isn’t quite “two doctors say you can come to Australia, and freedom beckons”, as a number of government frontbenchers have suggested during the past few hyperbolic days. It’s come to Australia (maybe, if you meet the criteria) and get detained again. |
| Despite the brief confirming medical transferees would continue to be detained, this is framed by the authors as a problem. | Despite the brief confirming medical transferees would continue to be detained, this is framed by the authors as a problem. |
| “Placing up to 1,000 people in held detention will put pressure on the detention network and with risk assessments, some, but not all, may be suitable for community detention. Those not suitable for community detention would be placed in held detention, likely necessitating the stand-up of the Christmas Island facility and removing our hot contingency fall back for Operation Sovereign Borders.” | |
| The briefers worry word will get back to the people smugglers. “This path to Australia will likely reach people smugglers in a short period and they could rightly advise their clients that if they were sent at a future time to a regional processing location, they would only need to stay long enough to seek the recommendations of ‘treating doctors’ for transfer to Australia.” | The briefers worry word will get back to the people smugglers. “This path to Australia will likely reach people smugglers in a short period and they could rightly advise their clients that if they were sent at a future time to a regional processing location, they would only need to stay long enough to seek the recommendations of ‘treating doctors’ for transfer to Australia.” |
| “We expect that this may encourage those prospective clients of people smugglers who, to date, have not decided to travel due to the dissuasion of returns, turnbacks and regional processing. This bill removes the third pillar – regional processing.” | |
| Sounds bad, but several paragraphs later, the advice becomes more hedged. After noting the softening in Australia will feed in to marketing by people smugglers, the story becomes more complicated. “Although people smugglers may claim there has been a shift in Australian policy and entry to Australia is now possible with just the opinion of two doctors, the resumption of large-scale people smuggling to Australia will remain dependent on a shift in Potential Illegal Immigrant (PII) intent — not smuggler marketing.” | |
| “PIIs will probably be interested in any perceived or actual pathway where resettlement in a Western country is guaranteed, even if such a pathway includes a period spent in detention. | “PIIs will probably be interested in any perceived or actual pathway where resettlement in a Western country is guaranteed, even if such a pathway includes a period spent in detention. |
| “However, PIIs will probably remain sceptical of smuggler marketing and await proof that such a pathway is viable, or that an actual change of policy has occurred, before committing to ventures”. | |
| We are waiting to find out (with everyone else) where Labor lands on the medical evacuation bill, so bear with us. | We are waiting to find out (with everyone else) where Labor lands on the medical evacuation bill, so bear with us. |
| Scott Morrison and Bill Shorten are attending the Last Post ceremony at the Australian War Memorial, a tradition before the start of the parliamentary year. | Scott Morrison and Bill Shorten are attending the Last Post ceremony at the Australian War Memorial, a tradition before the start of the parliamentary year. |
| Tomorrow morning, they will both attend a church service before heading into parliament, another tradition. | Tomorrow morning, they will both attend a church service before heading into parliament, another tradition. |
| Then the bear pit officially reopens. | Then the bear pit officially reopens. |
| This is a little awkward (as reported by Paul Karp and Katharine Murphy): | This is a little awkward (as reported by Paul Karp and Katharine Murphy): |
| The prominent economist and Reserve Bank board member Ian Harper has warned the Morrison government against pursuing its controversial “big stick” legislation, declaring “overreach” in Australia’s energy sector would likely be harmful. | The prominent economist and Reserve Bank board member Ian Harper has warned the Morrison government against pursuing its controversial “big stick” legislation, declaring “overreach” in Australia’s energy sector would likely be harmful. |
| Harper, who was appointed by the Coalition to review Australia’s competition policy and serve on the central bank board, has used a submission to a parliamentary inquiry to warn the Morrison government against pursuing special sanctions for the energy sector. | Harper, who was appointed by the Coalition to review Australia’s competition policy and serve on the central bank board, has used a submission to a parliamentary inquiry to warn the Morrison government against pursuing special sanctions for the energy sector. |
| Harper’s competition policy inquiry recommended changes to the misuse of market power provisions in Australian trade practices law, but did not recommend a divestiture power because it was considered unnecessary and undesirable. | Harper’s competition policy inquiry recommended changes to the misuse of market power provisions in Australian trade practices law, but did not recommend a divestiture power because it was considered unnecessary and undesirable. |
| The prominent economist and dean of the Melbourne Business School says in his submission to the inquiry that divestiture powers – which are being proposed in the so-called “big stick” package – were avoided in his review because “they are unpredictable in their impact and may even be counterproductive if the segregated entities prove to be commercially unviable, potentially leaving the market less competitive after forced divestiture than it was beforehand”. | The prominent economist and dean of the Melbourne Business School says in his submission to the inquiry that divestiture powers – which are being proposed in the so-called “big stick” package – were avoided in his review because “they are unpredictable in their impact and may even be counterproductive if the segregated entities prove to be commercially unviable, potentially leaving the market less competitive after forced divestiture than it was beforehand”. |
| Tim Storer also says he would vote (in the Senate) to extend the sitting calendar, to include a sitting in March. | Tim Storer also says he would vote (in the Senate) to extend the sitting calendar, to include a sitting in March. |
| The government seem pretty confident of having headed that prospect off in the House though, and not necessarily because of Bob Katter. So someone on the crossbench is blinking. | The government seem pretty confident of having headed that prospect off in the House though, and not necessarily because of Bob Katter. So someone on the crossbench is blinking. |
| Tim Storer is having a chat to David Speers on Sky about the potential of Labor walking away from the medical evacuation bill. | Tim Storer is having a chat to David Speers on Sky about the potential of Labor walking away from the medical evacuation bill. |
| He “urges” the Labor party not to u-turn, and says it is an “appropriate” amendment. But he says he would look at any compromise. | He “urges” the Labor party not to u-turn, and says it is an “appropriate” amendment. But he says he would look at any compromise. |
| David Leyonhjelm is walking away from the federal parliament for a shot at the NSW parliament. | David Leyonhjelm is walking away from the federal parliament for a shot at the NSW parliament. |
| He has launched a farewell tour (from his release): | He has launched a farewell tour (from his release): |
| The first libertarian elected to the Australian parliament, Senator David Leyonhjelm, will speak for the last time in the chamber this week, ahead of his New South Wales election tilt. | The first libertarian elected to the Australian parliament, Senator David Leyonhjelm, will speak for the last time in the chamber this week, ahead of his New South Wales election tilt. |
| The Liberal Democrats senator, who was elected in 2013 and re-elected in 2016, will give his valedictory speech on Wednesday from 5pm. In it, he will offer some insight into the important role he played as a crossbencher, while lamenting the lack of principles of other political parties. | The Liberal Democrats senator, who was elected in 2013 and re-elected in 2016, will give his valedictory speech on Wednesday from 5pm. In it, he will offer some insight into the important role he played as a crossbencher, while lamenting the lack of principles of other political parties. |
| ‘In my first speech, I promised to the Australian people that I would never vote for a reduction in liberty or an increase in taxes, and I am proud to say I have held true to that promise,’ Senator Leyonhjelm said. | ‘In my first speech, I promised to the Australian people that I would never vote for a reduction in liberty or an increase in taxes, and I am proud to say I have held true to that promise,’ Senator Leyonhjelm said. |
| ‘Of course, out of the nine crossbench Senators elected in 2013, I am the only one that has remained and survived the turbulent times,’ he said. ‘And since I was elected, my party, the Liberal Democrats, has increased its representation fourfold: from just me, to one in WA and two in Victoria — not including our representatives at the council level. | ‘Of course, out of the nine crossbench Senators elected in 2013, I am the only one that has remained and survived the turbulent times,’ he said. ‘And since I was elected, my party, the Liberal Democrats, has increased its representation fourfold: from just me, to one in WA and two in Victoria — not including our representatives at the council level. |
| ‘Our saying that libertarians are plotting to take over the world and leave everyone alone is coming along swimmingly. | ‘Our saying that libertarians are plotting to take over the world and leave everyone alone is coming along swimmingly. |
| ‘While this might be my federal farewell tour, I am not quitting politics — at least, that’s not the plan. Red tape and the nanny state remain the two issues I am passionate about, and I can make more of a difference to these state-based problems if I am elected in NSW on March 23.’ | ‘While this might be my federal farewell tour, I am not quitting politics — at least, that’s not the plan. Red tape and the nanny state remain the two issues I am passionate about, and I can make more of a difference to these state-based problems if I am elected in NSW on March 23.’ |
| Senator Leyonhjelm will return to Canberra this week for the sitting week and a Senate committee hearing into his free speech bills, along with next week for a final grilling of public servants in Additional Estimates. | Senator Leyonhjelm will return to Canberra this week for the sitting week and a Senate committee hearing into his free speech bills, along with next week for a final grilling of public servants in Additional Estimates. |
| A Senate inquiry into the Coalition’s planned crackdown on the R&D tax incentive has recommended the policy be shelved over concerns it could stifle innovation. | A Senate inquiry into the Coalition’s planned crackdown on the R&D tax incentive has recommended the policy be shelved over concerns it could stifle innovation. |
| Then treasurer Scott Morrison announced he would tighten access to the R&D tax incentive in last year’s budget, saying the government would no longer be signing “blank cheques” to business. It’s a big deal. The payments account for one-third of all government spending on science and innovation. | Then treasurer Scott Morrison announced he would tighten access to the R&D tax incentive in last year’s budget, saying the government would no longer be signing “blank cheques” to business. It’s a big deal. The payments account for one-third of all government spending on science and innovation. |
| A new “intensity test’ would be introduced for larger companies to favour higher, more intensive R&D investment, and compliance and enforcement measures would be ramped up significantly. The measure would save the government $2.4bn. | A new “intensity test’ would be introduced for larger companies to favour higher, more intensive R&D investment, and compliance and enforcement measures would be ramped up significantly. The measure would save the government $2.4bn. |
| But a Senate inquiry has heard evidence from a range of businesses and research groups that the policy would threaten innovation and create uncertainty. | But a Senate inquiry has heard evidence from a range of businesses and research groups that the policy would threaten innovation and create uncertainty. |
| The inquiry on Monday recommended that: “On the weight of evidence presented, the committee considers that the bill should not proceed until there is further consideration of the R&D tax incentive measures.” | The inquiry on Monday recommended that: “On the weight of evidence presented, the committee considers that the bill should not proceed until there is further consideration of the R&D tax incentive measures.” |
| The R&D incentive crackdown is attached to an omnibus bill that also includes measures to stamp out tax avoidance. | The R&D incentive crackdown is attached to an omnibus bill that also includes measures to stamp out tax avoidance. |
| That included amendments to prevent companies from loading up debt artificially to shift profits and avoid tax. The inquiry recommended the government proceed on all other parts of the bill. | That included amendments to prevent companies from loading up debt artificially to shift profits and avoid tax. The inquiry recommended the government proceed on all other parts of the bill. |
| I know he has a few fans here, so here you go: | I know he has a few fans here, so here you go: |
| Please welcome one of Labor’s fiercest warriors to the Twitterverse, @SenatorDoug #auspol #welovedoug | Please welcome one of Labor’s fiercest warriors to the Twitterverse, @SenatorDoug #auspol #welovedoug |
| Reading through that question and answer section of the Scott Morrison press club address, there was a lot going on, including this: | Reading through that question and answer section of the Scott Morrison press club address, there was a lot going on, including this: |
| We can’t just focus on terrorism and allow our women to be abused. | We can’t just focus on terrorism and allow our women to be abused. |
| Could have done without the “our” there, I think. | Could have done without the “our” there, I think. |
| I’m told that the full shadow ministry is due to meet to discuss the medical evacuation bill nowish. | I’m told that the full shadow ministry is due to meet to discuss the medical evacuation bill nowish. |
| The Labor shadow cabinet is going to meet to talk about what to do with the information from the security briefing on the medical evacuation bill. | The Labor shadow cabinet is going to meet to talk about what to do with the information from the security briefing on the medical evacuation bill. |
| And of course, individual factional caucuses will meet as well. | And of course, individual factional caucuses will meet as well. |
| We won’t have an answer on where Labor lands on this, until later tonight. | We won’t have an answer on where Labor lands on this, until later tonight. |